freediver wrote on Dec 23
rd, 2016 at 9:43pm:
Great news. I guess we can all go home now. Australians are not jailed for speaking their mind unless they continue to, umm, speak their mind???
Freediver I think you are choosing to misrepresent what a court order is.
If Toben had have been jailed under 18c there would have been no need for the judge to make a court order because he would have already been in jail.
Court orders are generally made to cover things that arn't already covered by the law.
For example. It is quite legal to
not pay your estranged partner a weekly payment. However, if it is part of a court order that you make a weekly payment and you refuse to do so, then you can go to jail for contempt of court.
Clearly in this case it is the breach of the court order that has landed the person in jail because if there was no court order, his actions wouldn't have been a jailable offence.
It is the same with Toben